NIW Bearings
dismissedJUN292026_01B52032026-06-29 · appeal

This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.

The Petitioner, a cybersecurity/product security specialist, proposed to develop advanced security frameworks (AI-driven intrusion detection, Zero Trust models, blockchain authentication) to protect IoT devices used in critical infrastructure sectors such as energy, healthcare, and water utilities.

Field: cybersecurity / IoT security for critical infrastructure · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“But we withdraw USCIS' determination that the Petitioner established the national importance of her proposed endeavor under Dhanasar's first prong.”
“none of the articles mention the Petitioner or her planned projects, or otherwise speak to the potential prospective impact of her specific proposed endeavor.”
“she has not provided evidence demonstrating that her proposed work would affect her industry or field at a level indicative of national importance.”
“the record does not show that benefits to the regional or national economy resulting from the Petitioner's cybersecurity projects would reach the level of "substantial positive economic effects"”

AAO decision text

Prong 3 — balance of factorsnot established · dispositive

“The Petitioner, however, has not demonstrated that her contributions supersede the benefits of protecting the domestic labor supply inherent in the labor certification process.”
“The Petitioner has not shown that she offers contributions of such value that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements”
“The Petitioner's job offer from undermines her arguments regarding the impracticality of the labor certification process.”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “do not contain sufficient information and explanation... to show that the Petitioner's specific proposed work offers broader implications in her field”
    AAO decision text
  • media · discounted
    “none of the articles mention the Petitioner or her planned projects, or otherwise speak to the potential prospective impact of her specific proposed endeavor.”
    AAO decision text
  • degree · credited
  • certification membership · discounted
    “The evidence in the aggregate, however, is not sufficient to demonstrate that a national interest waiver outweighs the benefits inherent to the labor certification process.”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Urgency not established · p3 — no reason shown why the benefit cannot wait for labour certification
  • U.S. worker availability · p3 — the impracticality of a labour-market test was asserted, not established
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Notable

AAO withdrew USCIS's favorable finding on national importance (prong 1) despite USCIS having only denied on prongs 2 and 3, and dismissed on prongs 1 and 3 as independent alternate bases, expressly declining to reach prong 2.

Authorities this decision leans on

From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.

  • 8 C.F.R. 103.3
  • Flores v. Garland
  • INA 203(b)(2)

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